ROLL CALL/CALL TO ORDER

Chairperson Alex Kennett called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 6:32 p.m. at the Open Space Authority Administrative Office, 6830 Via del Oro, Ste 200, San Jose, CA.

Members Present

Alex Kennett, Jim Foran, Virginia Holtz, Sequoia Hall, Craige Edgerton, and Garnetta Annable.

Members Excused Absent

Mike Potter

Staff Present

Patrick Congdon, General Manager

Bill Parkin, Legal Counsel

Lauren Crook, Clerk of the Board

Public Present

Yves Zsutty, City of San Jose

Diane Petereit

Lou Frankel

William Garbett (arrived at 7:32)

OATHS OF OFFICE

L. Crook delivered the Oath of Office for newly re-elected directors V. Holtz, C. Edgerton, and J. Foran.

PUBLIC PRESENTATIONS

None

ADOPTION OF THE AGENDA

V. Holtz moved to adopt the agenda as amended, G. Annable seconded the motion. 

The motion passed 6-0. 

MINUTES

Approval of June 22, 2006 Minutes

Motion:  C. Edgerton moved to approve the June 22, 2006 minutes with an amendment to page 3, Agenda Item #4 stating that S. Hall made the motion. S. Hall seconded the motion.

The motion passed 6-0.

WRITTEN COMMUNICATIONS

None

NEW BUSINESS

Agenda Item #1: Approve entering into a 20% Funding Program Agreement with the City of San Jose for the Willow Glen Spur Trail Project.

P. Congdon introduced Yves Zsutty, of the City of San Jose.

Y. Zsutty described the project that the City of San Jose would be working on that the 20% Funding funds would apply to.  He explained the area that would be acquired for the Willow Glen Spur Trail Project.

V. Holtz suggested amendment to the Resolution to include more details of the project.

Board discussion ensued. 

Motion:  C. Edgerton moved to approve Resolution 06-23. S. Hall seconded the motion. The motion passed 6-0. 

Agenda Item #2: Approve reappointment of members to the Citizen’s Advisory Committee for new terms ending June 30, 2008.

P. Congdon introduced the item stating that E. Carruthers had not responded before the packet was distributed and that was why his name was not included on the report or resolution. He stated that E. Carruthers has since contacted Authority staff and responded that he did want to renew his appointment on the CAC.

V. Holtz asked that Eric Carruthers name be added to the Resolution.

Motion:  V. Holtz moved to approve Resolution 06-21 as amended. J. Foran seconded the motion. The motion passed 6-0.  

Agenda Item #3: Authorization to Purchase 2006 Dodge Ram 2500 Pickup Truck from Hartzheim Dodge in San Jose 

P. Congdon introduced the item stating that Hartzheim Dodge was the lowest bidder for the 2006 Dodge Ram 2500 Pickup truck.  He recommended that the Board approve the purchase of the truck for OSA staff use.

Motion:  C. Edgerton moved to approve Resolution 06-22. J. Foran seconded the motion. The motion passed 6-0.  

Agenda Item #4: Presentation by the General Manager -- Wildlife Conservation Funds and Potential Use in Santa Clara County

P. Congdon introduced the item stating that discussions with VTA staff have brought up the topic of creating a Wildlife Conservation Fund in Santa Clara County.  He said that the Habitat Conservation Plan Committee has discussed having the Open Space Authority as the holder of the Wildlife Conservation funds.

He stressed that these were only ideas at the moment and that nothing concrete had happened yet.  He said that he would bring more information to the Board if and when it became available.

Agenda Item #5: Presentation by the General Manager regarding the status of the Vilas house and surrounding property and request for direction from the Board related to the disposition of the home.

P. Congdon introduced the item stating that the Authority purchased the property that included a house and he asked the Board to decide what the disposition of the home will be.  He asked the Board to discuss the options for disposition and direct staff accordingly.

G. Annable suggested a youth hostel or a backpack camp site.

C. Edgerton supported fixing the house and selling the immediate home structure and use the money made from the sale towards preserving open space.

P. Congdon stated the options for sale of the property were many.

Board discussion ensued.

A. Kennett asked if staff had a recommendation.

P. Congdon stated he was looking for direction from the Board.  He said that the structure is currently sitting vacant and deteriorating and that staff time is being used to check on the structure.

Lou Frankel addressed the Board.  He stated that he had a buyer for the house and does understand the problems with the house.  L. Frankel suggested the Board should sell it “as is”.  He stated that his buyer would like to purchase the whole 520 acres with a conservation easement over the whole property, excluding 10 acres around the house and 10 acres around the airport hanger.

A. Kennett summarized the options for disposition as:  removal of the structure, selling the home as is, or fix up the structure. 

C. Edgerton asked that staff get information from a real estate agent as to the value of the property with 5 acres.

Motion:  G. Annable made a motion directing staff to contract to demolish the house and bring back bids to the Board.  J. Foran seconded the motion.

L. Frankel stated that he thought the OSA was wasting an asset by demolishing the home. 

W. Garbett commented that staff should look into whether it was possible to sell the property at all.

B. Parkin stated that the Authority’s enabling legislation did allow for sale of the property.

S. Hall stated he would like to see more information about the cost of removal.  He stated that he is not convinced that it is the best option available and he would like to explore the other options available.

V. Holtz stated that she would abstain from the vote.  She said new information was introduced at this nights meeting and she is uncomfortable about making a decision.

J. Foran asked legal counsel what the procedure would be to market the property.

A. Kennett called for the vote.

Ayes:  G. Annable, J. Foran

Noes:  A. Kennett, S. Hall, C. Edgerton

Abstain:  V. Holtz

The motion did not pass. 

Motion:  S. Hall moved to have the Use and Management Committee review the options available to the Authority regarding disposition of the entire Vilas property and the structure.  He stated, at a minimum, the options for disposition should include 1) removal of the house, 2) marketing the home with details that might include some sort of easement or lot split, or 3) fixing the house to bring it to code. G. Annable seconded the motion.

P. Congdon asked for clarification of what the options were.

J. Foran stated that he understood the General Manager to be saying that the second option of marketing the property in the many variation possible are wide open to many types of investigation.  He suggested that the Board be more specific about in which direction the Board would like the General Manager to proceed.

S. Hall stated that since staff has already looked into demolishing the home and fixing up the home, the information that staff needs to bring to the Committee should be about marketing the home. 

L. Frankel stated that if the Authority’s bids for removal were over 3 years old, new bids would be required.

B. Parkin suggested that staff check with the County as to allowable parcel size for dividing the home site from the rest of the property.  He suggested that be the first step to bring to the Committee.

The motion passed 6-0

C. Edgerton asked P. Congdon if the staff would be developing a policy on how the Authority would sell structures on its properties.

B. Parkin stated that the enabling legislation clearly states that the OSA has the ability to dispose of property and the Board could not create a policy that would inhibit future Boards from exercising its discretion.

CONSENT CALENDAR

No items on Consent Calendar

INFORMATIONAL REPORTS

CAC Committee Update (from liaisons)

No Report

Public Use Policy Committee

No Report

Acquisition Policy Committee

No Report

Admin & Budget Committee

No Report

CAC Role Committee

P. Congdon stated that there was a CAC Role Committee meeting on July 20.

General Manager’s Report

P.  Congdon stated that next week was Weed Awareness Week.  He stated that the OSA would be organizing a tour for state assembly members and the media to bring awareness of non-native invasive plants.  He noted that the Open Space Authority is the only agency offering this kind of an event.

P. Congdon stated that the Authority has been approved for the BARTC $50,000 grant.

Legal Counsel Report

No Report.

Board Member Reports

J. Foran stated 1) he attended a Salt Pond Stakeholder meeting today; 2) The BARTC is a beneficiary of the 2006 Tour de Fat Cruiser Bike Parade.

G. Annable stated that the CAC did meet and they had a quorum. She noted that they reviewed the Willow Glen Spur Trail 20% Funding application.  She said that they also reviewed an application for the Los Gatos Creek Trail and asked that the City return with more information about the project.

C. Edgerton stated that the Habitat Conservation Plan/Natural Conservation Plan process is moving forward and they should have a website up and running shortly.  He stated he would notify everyone of the web address.

CONVENED TO CLOSED SESSION

8:38 P.M.

RETURN FROM CLOSED SESSION

9:30 P.M.  There were no reportable actions.

Adjournment

Meeting was adjourned at  9:30 p.m.